ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 29, 2005 AT 5:30 P.M.THERE WILL BE NO CITY COUNCIL MEETING THE WEEK OF SEPT. 5TH DUE TO LABOR DAY HOLIDAY ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Hy-Vee, Inc. d/b/a Hy-Vee #1 for a
Class C liquor license at 6919 "O" Street.
(8/22/05 - Public Hearing Con't. to
8/29/05) (ADOPTED FOR APPROVAL, 7-0; A-83501)
2) Manager Application of Darren J. Baty for Hy-Vee,
Inc. d/b/a Hy-Vee #1 at 6919 "O" Street.
(8/22/05 - Public Hearing Con't. to
8/29/05)(ADOPTED FOR APPROVAL, 7-0; A-83502)
3) Application of Hy-Vee, Inc. d/b/a Hy-Vee #2 for a
Class C liquor license at 2343 North 48th Street.
(8/22/05 - Public Hearing Con't. to
8/29/05)(ADOPTED FOR APPROVAL, 7-0; A-83503)
4) Manager Application of Matthew T. Ludwig for Hy-
Vee, Inc. d/b/a Hy-Vee #2 at 2343 North 48th
Street. (8/22/05 - Public Hearing Con't. to
8/29/05)(ADOPTED FOR APPROVAL, 7-0; A-83504)
5) Application of Hy-Vee, Inc. d/b/a Hy-Vee #3 for a
Class C liquor license at 5020 North 27th Street.
(8/22/05 - Public Hearing Con't. to
8/29/05)(ADOPTED FOR APPROVAL, 7-0; A-83505)
6) Manager Application of Gregory D. Dillavou for Hy-
Vee, Inc. d/b/a Hy-Vee #3 at 5020 North 27th
Street. (8/22/05 - Public Hearing Con't. to
8/29/05)(ADOPTED FOR APPROVAL, 7-0; A-83506)
7) Application of 8th Street Ironworks, Inc. dba
Eighth Street Ironworks to expand its licensed
premise by the addition of an outside area
measuring approximately 9 feet by 60 feet to the
south at 301 N. 8th Street.(PUBLIC HEARING & ACTION
DELAYED TWO WEEKS TO 9/12/05, 7-0)
8) Application of Expo Inc. dba Iguana's Pub to
expand its licensed premise by the addition to the
current building of an area measuring
approximately 62 feet by 23 feet and the addition
of an outside area measuring approximately 11 feet
by 23 feet to the north at 1426 O Street.(ADOPTED
FOR APPROVAL, 7-0; A-83507)
9) Application of SRS, Inc. dba Arnold's to expand
its licensed premise by the addition of an outside
area measuring approximately 22 feet by 22 feet to
the south at 6113 Havelock Avenue. (ADOPTED FOR
APPROVAL, 7-0; A-83508)
10) Manager application of Edward J. Lynch for The
Noodle Shop, Co. - Colorado, Inc. dba Noodles &
Company at 2801 Pine Lake Road. (ADOPTED FOR
APPROVAL, 7-0; A-83509)
11) Application of Irie Inc. dba Doc's Place for a
special designated liquor license covering an area
measuring 35'9" by 14' 11" at 140 N. 8th Street,
#150, on September 3, 10, and 17, 2005 from 8:00
a.m. to 1:00 a.m. (ADOPTED FOR APPROVAL, 6-0;
CAMP ABSTAINED; A-83510)
12) Application of The Alley for a special designated
liquor license for an outside area measuring
approximately 41 feet by 20 feet at 1029 M Street
on September 3, 10, and 17, October 1, 8, and 29,
and November 12, 2005 between the hours of 8:00
a.m. and 1:00 a.m. (ADOPTED FOR APPROVAL, 7-0;
A-83511)PUBLIC HEARING
ORDINANCES - 2ND READING & RESOLUTIONS (ITEMS 13 THRU 17 HAD 2ND
READING; SEE ITEMS 14, 15 16)
13) 05-128 COZ 05004 - Application of Realty Trust Group,
Inc. for a change of zone from AG Agricultural
District to R-3 Residential District on property
generally located at South 84th Street and Old
Cheney Road; designating said property as a
Planned Unit Development; and for approval of a
development plan for 28 multi-family units and
22,000 square feet of commercial/retail floor area
in the underlying R-3 Residential District with
requested waivers of the required preliminary plat
process and modifications to the Zoning Ordinance
and Land Subdivision Ordinance.
Fact Sheet (443K)
14) 05-129 Amending Ordinance No. 17381 to allow preparation
of detailed plans and specifications for a median
along South 56th Street between Madalyn Road and
Old Cheney Road as well as to allow preparation of
detailed plans and specifications and construction
of a west leg to the South 56th and Shadow Pines
Drive intersection which will connect South 56th
Street to Stephanie Lane. (Related Items: 05-
129, 05R-178)(Action date 9/12/05)Fact Sheet (30K)
Attachment (108K)
(CONT. PUBLIC HEARING & 2nd READING W/ACTION TO
9/19/05, 7-0)
15) 05R-178 Approving the removal of the existing barricade in
Cumberland Drive at the common line of Colonial
Acres 2nd Addition and Jerrold Heights
2nd Addition. (8/1/05 - Placed on
Pending Indefinitely) (Request to remove from
Pending for Public Hearing on 8/29/05)
(8/22/05 - To have Public Hearing 8/29/05)
(Related Items: 05-129, 05R-178)(Action
date 9/12/05)(CONT. PUBLIC HEARING & 2nd READING
W/ACTION TO 9/19/05, 7-0)
16) 05-130 Amending Ordinance No. 18214 to allow preparation
of detailed plans and specifications for a median
along Pioneers Boulevard from the east leg of the
South 70th Street intersection easterly to the
intersection of Pagoda Lane.
Fact Sheet (464K)
(CONT. PUBLIC HEARING & 2nd READING W/ACTION TO
9/19/05, 7-0)
17) 05-131 Approving an Agreement between Spirits by Beckman
and the Lincoln Area Agency on Aging/Life for the
lease of office space for a one-year term in
Saunders County, Nebraska, for the outposted
counselor for the Life Office program.
Fact Sheet (51K)
Attachment (62K)
PUBLIC HEARING - RESOLUTIONS
18) 05R-209 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 1 - 15,
2005.
Fact Sheet (13K)
Attachment (22K)
(ADOPTED, 7-0; A-83512)
19) 05R-205 Authorizing and supporting the Parks & Recreation
Department's submittal of a grant application to
the Transportation Enhancement Program of the
State of Nebraska Department of Roads for the
construction of a bridge over 27th Street at "X"
known as the "Mopac Trail Bridge - 27th Street".
Fact Sheet (62K)
(ADOPTED, 7-0; A-83513)
20) 05R-206 Approving a program Agreement between the City and
the State Department of Roads providing for
preliminary engineering and construction of a 2-
mile long, 10-foot wide concrete trail in east
Lincoln as an extension of the existing Billy
Wolff Trail which follows the Antelope Creek
drainage basin from 86th and Old Cheney
Road to Highway #2.
Fact Sheet (61K)
Attachment (485K)
(ADOPTED, 7-0; A-83514)
21) 05R-207 Use Permit No. 05006 - Application of Southview,
Inc. and Ridge Development Company for authority
to develop 130 town home units with requests to
adjust the setbacks to 0', to reduce the roadway
width from 27' to 24' for Fitzpatrick Lane,
Shelford Lane, and Kirwin Drive, to adjust the
minimum lot area from 2,500 to 1,800 square feet,
and to allow sanitary sewer to flow opposite
street grades, on property generally located
northwest of the intersection of South 40th Street
and Yankee Hill Road.
Fact Sheet (874K)
(AMENDED #1, 7-0; AMENDED #2, 7-0; ADOPTED AS
AMENDED, 7-0; A-83515)
22) 05R-208 Requesting the establishment of a mayoral task
force to determine what level of investment is
required to maintain the quality of Lincoln's
system of parks and trails, what level of capital
funding should be provided in fiscal year 06-07
and subsequent years, and the proper role and
capacity of private support for maintaining public
assets, and requiring the study findings to be
available for consideration during the City
Council Budget Retreat in the Fall of 2005.
(ADOPTED, 7-0; A-83516)- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
23) Setting the Hearing Date of Monday, September 12,
2005 at 1:30 p.m. for the App. of Fat Pat's Pizza
& Subs Inc dba Patty's Pub East for an addition to
premises of outdoor beer garden located at 311 N.
Cotner. (ADOPTED, 7-0; A-83517)
24) Setting the Hearing Date of Monday, September 12,
2005 at 1:30 p.m. for the App. of Mulligans Inc.
dba Mulligans for an addition to premises of
outdoor beer garden located at 5500 Old Cheney Rd.
(ADOPTED, 7-0; A-83518)
25) Setting the Hearing Date of Monday, September 12,
2005 at 1:30 p.m. for the App. of Kristen E.
Raasch dba KREM for a Class I liquor license
w/catering located at 701 P Street, #203.
(ADOPTED, 7-0; A-83519)
26) MISCELLANEOUS REFERRALS
City Clerk's letter and Mayor's Approval of Ordinances
and Resolutions passed by Council on August 22, 2005.
(PLACED ON FILE)
Setting the Hearing Date of Monday, Sept. 19, 2005 at
1:30 p.m. for the Application of Jose S. Ruiz dba
Slapshotz Bar and Grill for a liquor catering license
located at 1245 Libra Dr., Suite 110. (ADOPTED, 7-0;
A-83520)
Setting the Hearing Date of Monday, Sept. 19, 2005 at
1:30 p.m. for the Manager Application of Christy
McMahan for Jack's Bar & Grill located at 100 N. 8th
Street. (ADOPTED, 7-0; A-83521)
Setting the Hearing Date of Monday, Sept. 19, 2005 at
1:30 p.m. for the Manager Application of Daniel
Haugland for Big Red Keno Sports Bar & Grill located
at 955 West O Street. (ADOPTED, 7-0; A-83522)REPORTS OF CITY OFFICERS
27) Report from City Treasurer of City Cash on hand at
the close of business July 31, 2005.(PLACED ON
FILE)
- END CONSENT AGENDA -ORDINANCES - 1ST READING & RESOLUTIONS (ITEMS 28 THRU 35 HAD 1ST
READING)
28) 05-135 Authorizing the issuance of not to exceed
$150,000,000 City of Lincoln, Nebraska, Lincoln
Electric System Revenue Bonds. (Request
2nd & 3rd Readings on 9/12/05)
29) 05R-169 Special Permit 1965 - Application of Hartland
Homes, Inc. to develop Hartland Homes N.W. 1st
Community Unit Plan for 70 dwelling units,
including a requested variance to allow
unenclosed decks to project 10' into the required
rear yard and a reduction of the cul-de-sac radius
requirement from 60' to 55', on property generally
located west of N.W. 48th Street and north of West
St. Paul Avenue. (Related Items: 05R-169, 05R-
170, 05-96, 05-97)(Action Date:9/19/05)Fact Sheet (399K)
30) 05R-170 Preliminary Plat 02007 - Application Hartland
Homes, Inc. to develop Hartland Homes N.W. 1st
Addition for 70 dwelling units on approximately 12
acres, including a requested variance to allow
unenclosed decks to project 10' into the required
rear yard and a reduction of the cul-de-sac radius
requirement from 60' to 55', on property generally
located west of N.W. 48th Street and north of West
St. Paul Avenue. (Related Items: 05R-169, 05R-
170, 05-96, 05-97)(Action Date:9/19/05)Fact Sheet (417K)
31) 05-96 Street Vacation 02003 - Application of
Hartland Homes Inc. to vacate West Madison
Avenue from a point 7.17 feet west of the
west line of N.W. 49th street to N.W. 53rd
Street. (Related Items: 05R-169, 05R-170,
05-96, 05-97)(Action Date:9/19/05)Fact Sheet (324K)
32) 05-97 Street Vacation 03006 - Application of
Hartland Homes Inc., The Korean Church of
Lincoln, and Robert & Raeann Lorence, to
vacate West Cleveland Avenue from the west
line of N.W. 48th Street to the east line of
Hartland Homes N.W. 2nd Addition, generally
located west of N.W. 48th Street and one
block south of West Adams Street. (Related
Items: 05R-169, 05R-170, 05-96, 05-97)(Action Date: 9/19/05)Fact Sheet (267K)
33) 05-132 Approving a Sublease Agreement between the City of
Lincoln and the Nebraska Building Division on
behalf of Vocational Rehabilitation, Department of
Education, for providing job training and
employment services under the Workforce Investment
Act.
Fact Sheet (55K)
Attachment (959K)
34) 05-133 Approving a Sublease Agreement between the City of
Lincoln and the Nebraska Building Division on
behalf of Nebraska Workforce Development,
Department of Labor, for providing job training
and employment services under the Workforce
Investment Act.
Fact Sheet (56K)
Attachment (904K)
35) 05-134 Change of Zone 05053 - Application of the Planning
Director for a change of zone from P Public Use
District to R-3 Residential District on property
generally located at N.W. 7th Street and N.W.
Fairway Drive.
Fact Sheet (624K)
ORDINANCES - 3RD READING & RESOLUTIONS
36) 05-123 Approving a Management Agreement between the City
and SMG to provide for management, marketing,
entertainment, administration, and procurement
services for Pershing Municipal Auditorium for a
four-year period beginning September 1, 2005.
Fact Sheet (43K)
Attachment (1184K)
(PASSED, 7-0; #18604)
37) 05-124 Change of Zone 04060 - Application of Larry Coffey
for a change of zone from AG Agricultural District
to H-3 Highway Commercial District on property
generally located at the northwest corner of N.W.
48th Street and Highway 34. (Related Items:
05-124, 05R-201) (Action Date: 8/29/05)Fact Sheet (330K)
(PASSED, 6-0; MARVIN ABSTAINED; #18605)
38) 05R-201 Approving the Development and Conditional Zoning
Agreement between the City and Larry Coffey for a
change of zone from AG Agricultural District to H-
3 Highway Commercial District to expand an
existing convenience shop generally located at the
northwest corner of N.W. 48th Street and Highway
34. (Related Items: 05-124, 05R-201) (Action
Date: 8/29/05)Fact Sheet (12K)
Attachment (13K)
(ADOPTED, 7-0; A-83523)
39) 05-125 Change of Zone 05051 - Application of Stone Bridge
Creek LLC for a change of zone from AG
Agricultural District to R-3 Residential District
and R-5 Residential District on property generally
located at N. 14th Street and Pennsylvania Avenue.
Fact Sheet (184K)
(PASSED, 7-0; #18606)
40) 05-126 Amending Chapter 1.28 of the Lincoln Municipal
Code relating to reasonable accommodation to more
accurately state the requirements of the Acts, to
provide additional application requirements, to
modify the reference to Section 1.28.050, and to
revise and supplement the factors to be considered
in making a determination.
Fact Sheet (18K)
(PASSED, 7-0; #18607)
41) 05-127 Amending Chapter 9.44 of the Lincoln Municipal
Code relating to Fireworks to add a reference to
Section 9.44.080, to limit the hours of sale of
permissible fireworks to correspond with the hours
when permissible fireworks may be used, and to
expressly define the hours and days when
permissible fireworks may be discharged, exploded,
or used.
Fact Sheet (14K)
(PASSED, 7-0; #18608)RECONSIDERATION & ACTION
42) 05-107 Amending the pay schedule for the employee
group whose classifications are assigned to
the pay range prefixed by the letter M to
adjust the schedules of annual, monthly,
biweekly and hourly pay range equivalents.
Fact Sheet (137K)
Attachment (127K)
(NO ACTION TAKEN)
PENDING LIST - DATE CERTAIN
43) 05R-134 Comp. Plan Amendment No. 05014 - Amending the
Lincoln/Lancaster County Comprehensive Plan by
deleting references to the Theater Policy and
entertainment in the Downtown, and by deleting one
statement requiring market studies for proposed
new theaters outside of the Downtown area. (In
connection w/05-85, 05-86, 05R-135, 05R-136)
(Action Date: 7/11/05) (6/20/05 - Placed on
Pending to 7/25/05 with P.H.) (7/11/05 - Pending
to 8/29/05 w/P.H.) ( 8/15/05 - Public Hearing
con't to 9/12/05) (8/22/05 - Placed on Pending to
9/19/05)Fact Sheet (1425K)
44) 05-85 Amending Section 27.63.630(c) of the Lincoln
Municipal Code Zoning Ordinance for theaters
in the B-5 Planned Regional Business
District, to allow theaters with more than
six screens, provided they are located
outside a 6.5 mile radius measured from the
center of the intersection of 13th and O
Streets. (In connection w/05-86, 05R-134,
05R-135, 05R-136)(6/20/05 - Placed on Pending
to 7/25/05 with P.H.)(7/11/05 - Pending to
8/29/05 w/P.H.) ( 8/15/05 - Public Hearing con't.
to 9/12/05) (8/22/05 - Placed on Pending to
9/19/05)Fact Sheet (370K)
45) 05-86 Change of Zone 05036 - Application of
Eiger Corporation for a change of zone
from AG Agricultural District to B-5
Planned Regional Business District on
property generally located at South 91st
Street and Pine Lake Road. (In
connection w/05R-134, 05-85, 05-86, 05R-
135, 05R-136)(6/20/05 - Placed
on Pending to 7/25/05 with P.H.)(7/11/05 - Pending to 8/29/05 w/P.H.)
( 8/15/05 - Public Hearing con't . to
9/12/05) (8/22/05 - Placed on Pending to
9/19/05)Fact Sheet (408K)
46) 05R-135 Appeal of Eiger Corporation from the Planning
Commission denial of Special Permit 05023 to
construct an 80,000 sq. ft. theater complex
with 18 screens in the B-5 zoning district,
on property generally located at S. 91st
Street and Pine Lake Road. (In connection
w/05R-134, 05-85, 05-86, 05R-136) (Action
Date: 7/11/05) (6/20/05 - Placed on Pending
to 7/25/05 with P.H.) (7/11/05 - Pending to
8/29/05 w/P.H.) ( 8/15/05 - Public Hearing
con't . to 9/12/05) (8/22/05 - Placed on
Pending to 9/19/05)Fact Sheet (672K)
47) 05R-136 Appeal of Eiger Corporation from the Planning
Commission denial of Use Permit 140B to allow
950,983 sq. ft. of commercial and office
floor area, on property generally located at
S. 91st Street and Pine Lake Road.(In
connection w/05R-134, 05R-135, 05-85, 05-86)
(Action Date: 7/11/05) (6/20/05 -
Placed on Pending to 7/25/05 with P.H.)
(7/11/05 - Pending to 8/29/05 w/P.H.) 8/15/05
- Public Hearing con't. to 9/12/05)
(8/22/05 - Placed on Pending to 9/19/05)Fact Sheet (1046K)
PENDING LIST (EXTENDED ONE WEEK)
48) 01-39 Vacating the south 40' of X St. adjacent to
Lot 1, Block 6, North Lincoln Add., generally
located at N. 9th & X Sts. (4/2/01 - Action
delayed for two weeks to 4/16/01) (4/16/01 -
Placed on pending for 3 months 7/16/01)
(7/9/01 - To remain on Pending)Fact Sheet (1194K)
49) 02-31 Vacating a 5' x 30'6" portion of North 7th
Street adjacent to the south 37' of Lot 9,
Block 32, Original Plat of Lincoln, generally
located at N. 7th and P Streets. (3/18/02 -
Public Hearing Cont'd. w/3rd Reading)
(3/25/02- Action delayed to 4/8/02) (In
connection w/02R-64) (4/8/02 - Placed on
Pending until policy recommendation from
Urban Development)Fact Sheet (699K)
50) 02-114 Amending Chapter 2.54 of the Lincoln Municipal
Code by adding a new section entitled "Standards
of Ethical Conduct for Employees and Elected
Officials" to supplement the existing conflicts of
interest regulations. (7/29/02 - Placed on
Pending until a committee is formed)Fact Sheet (3K)
51) 04-188 Annexation 03001 - Amending the Lincoln Corporate
Limits Map by annexing approximately 214 acres of
property generally located at North 56th Street
and Arbor Road. (In connection 04R-273, 04-189,
04R-272)(10/11/04 - Placed on Pending
Indefinitely)Fact Sheet (237K)
52) 04R-273 Approving the North Bank Junction Annexation and
Zoning Agreement between the City and Roger &
Eldonna Schwisow and Hartland Homes, Inc. relating
to the annexation of approximately 214 acres on
property generally located at North 56th Street
and Arbor Road. (In connection w/04-188, 04-
189, 04R-272) (10/11/04 - Placed on Pending
Indefinitely)Attachment (527K)
53) 04-189 Change of Zone 3398 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow for a
change of zone from AG Agricultural to R-3
Residential for approximately 123 acres and H-4
General Commercial for approximately 21 acres on
property generally located at North 56th Street
and Arbor Road. (In connection w/04-188, 04R-273,
04R-272)(10/11/04 - Placed on Pending
indefinitely)Fact Sheet (217K)
54) 04R-272 Special Permit 2004 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow to develop
125,000 sq. ft. of planned service commercial
floor area, with variances to the rear and side
yard setback requirements on property located at
North 56th Street and Arbor Road.(In connection
w/04-188,04R-273, 04R-189, 04R-272)(10/11/04 -
Placed on Pending IndefiniteLy)Fact Sheet (535K)
55) 05R-29 Application of Capital Humane Society for a waiver
of Lincoln Municipal Code Chapter 2.81 Living Wage
Ordinance. (2/14/05 - Pending, No Date
Certain)Fact Sheet (38K)
Attachment (657K)
56) 05R-178 Amending the pay schedule for the employee
group whose classifications are assigned to
the pay range prefixed by the letter M to
adjust the schedules of annual, monthly,
biweekly and hourly pay range equivalents.
(8/8/05 - Action Delayed 2 wks. to
8/22/05)(8/22/05 - Placed on Pending,
No Date Certain)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, SEPTEMBER 12, 2005 AT 1:30 P.M.: (APPROVED, 7-0)
57) 05R-210 Approving an Agreement between the City and County
to provide the City with an appropriate facility
at the County Youth Assessment Center for
temporary detention of juveniles taken into
custody by the Lincoln Police Department.
Attachment (190K)
58) 05R-212 Appointing David Skipton and Patricia Owen to the
Air Pollution Control Advisory Board for three-
year terms expiring September 1, 2008.
Attachment (78K)
59) 05R-213 Approving a Redevelopment Agreement between the
City and B&J Partnership for the redevelopment of
the Salvation Army building complex at 737 P
Street.
Fact Sheet (51K)
Attachment (754K)
Please note: During the Open Microphone & Registered Section
of the agenda, individuals are allowed a total of 5 minutes to
speak whether registered or not regardless of number of topics.
The Open Microphone and Registered Section is available on the
2nd & Last Monday of each month.
ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED ON
THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE CURRENT
AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE AGENDA, SHOULD
NOTIFY THE CITY CLERK BY 10:00 A.M. ON THE WEDNESDAY (9/7/05)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION (9/12/05).
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY DO SO
AT THIS TIME. THERE WILL ONLY BE ONE (1) OPEN MICROPHONE
SESSION FOR AUGUST WHICH WILL BE ON AUGUST 29THADJOURNMENT 11:09 P.M.
***
The City Council Meeting
which is broadcast live at 1:30 p.m. every Monday and
at 5:30 p.m. on the last Monday of each month
will be rebroadcast on Saturdays at 1:00 p.m.,
Immediately following the Pre-Council Meeting
on 5 City-TV, Cable Channel 5.
****
The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov
***